Tony McDonald v. FEC challenges itemization of certain conduit contributions (25-153)

On February 18, 2025, Tony McDonald (plaintiff) filed suit against the Commission in the United States District Court for the Northern District of Texas Fort Worth Division (the court). Plaintiff claims that the conduit reporting requirement is unconstitutional as applied to donations of up to $200.

Under the Federal Election Campaign Act, political committees must report all contributions received but are required to itemize only contributions that aggregate in excess of $200 within the calendar year (or election cycle, in the case of an authorized committee of a candidate for federal office). Itemized entries include an individual contributor’s name, address, occupation and employer. The conduit reporting requirement at 52 U.S.C. § 30116(a)(8) requires intermediaries or conduits to report to the Commission both the receipt of the initial contribution as well as the disbursement to the intended recipient. This conduit reporting requirement does not include a threshold for itemization of a contribution.

Plaintiff asks the court to declare that the disclosure of contributor names and addresses of conduit contributions not exceeding $200 violates the First Amendment. Plaintiff further seeks permanent injunctive relief barring the FEC from requiring fundraising platforms be subject to 52 U.S.C. § 30116(a)(8) when reporting conduit contributions and asks the court to order that plaintiff’s past small amount conduit contributions be removed from the FEC’s public record.

Resources

• Tony McDonald v. FEC (25-153) litigation page